Jharkhand v. State Of Chhattisgarh Through The Station House Officer, Police Station Bhupdevp
Case Details
1 2025:CGHC:48064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7513 of 2025 Jarfaran Khan S/o Ekbal Khan Aged About 25 Years R/o Village Sonpurva, Police Station Majhiaon, District : Garhwa *, Jharkhand ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Bhupdevpur, District : Raigarh, Chhattisgarh ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Devesh Chandra Verma, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 14:33:36 +0530 18.09 .202 5 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 48/2025, registered at Police Station – Bhupdevpur, District - Raigarh (C.G.) for the offence punishable under Sections 316(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, Amit Johri, Assistant Manager at JSW Steel, lodged a written complaint at Police Station Bhupdevpur stating that on 12/04/2025, three vehicles (CG 12 BG 9177, CG 12 2 BG 9175, and CG 12 BG 8737) transported 'As Cast Billet' from Bhushan Power & Steel Ltd. to JSW Steel, Naharpali, via the transporter M/s Shri Balaji Road Lines. Vehicle CG 12 BG 9175 (Abhishek Traders) was driven by Jafran Khan (DL No. CG1020110000281, Mob: 6299943568), CG 12 BG 9177 (Shakti Traders) by Arbaz Khan (DL No. JH0320200032485, Mob: 8815781667), and CG 12 BG 8737 (Shakti Traders) by Jitendra Kumar (DL No. BRO620220005834, Mob: 8459245338). While all three vehicles were recorded as having unloaded material and exited the plant, later verification revealed that vehicle CG 12 BG 9175 had never physically entered the premises. 3. Despite this, weighbridge operators Pushkar Tiwari (Mob: 9651959651) and Anunjay Aman (Mob: 8709001295), in collusion with outsiders, fraudulently recorded entry and weighing details for vehicle CG 12 BG 9175. Additionally, unloading yard supervisor Jawahar Hansraj (Mob: 7999854438) and former JSW weighbridge operators Surya Pratap (Mob: 6267744305) and Abhay Pratap (Mob: 9454646182) were also found to be involved. As a result of this fraudulent entry, 41.004 tons of "As Cast Billet" valued at Rs.21,41,024/- was shown as received on paper, though no such delivery occurred. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is only a driver of alleged vehicle and he has not committed any criminal breach of trust as alleged by the prosecution, hence, no case is made out. He further submitted 3 that the bail applications of the co-accused persons, namely, Goverdhan Das Agrawal, Pushkar Raj Tiwari and Annunjay Aman have been granted bail by this Court vide order dated 03.07.2025 and 29.08.2025 passed in MCRC Nos. 5167/2025 and 6136/2025. He also submitted that the applicant has no previous criminal antecedent. He further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 27.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail on the ground of parity. 5. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have been granted bail by this Court. He further submits that the charge-sheet has been filed in the present case. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant is a driver of alleged vehicle, further considering the fact that the bail applications of the co-accused persons, namely, Goverdhan Das Agrawal, Pushkar Raj Tiwari and Annunjay Aman have been granted bail by this Court vide order dated 03.07.2025 and 29.08.2025 passed in MCRC Nos. 5167/2025 and 6136/2025, respectively, further the applicant has no previous criminal antecedent, the charge-sheet has been filed in this case and the applicant is in jail since 27.05.2025, and the conclusion of the trial is likely to take some time, this Court is of the 4 view that the applicant is entitled to be granted regular bail in this case on the ground of parity. 8. Accordingly, the bail application is allowed. Let applicant - Jarfaran Khan, involved in Crime No. 48/2025, registered at Police Station – Bhupdevpur, District - Raigarh (C.G.) for the offence punishable under Sections 316(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial 5 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Preeti Sd/-- (Ramesh Sinha) Chief Justice